A defendant shall be punished by imprisonment for two years.

Punishment of the crime

The defendant is a person who has been engaged in the loan and collection of claims of the victim C from January 18, 2005 to July 21, 2006.

1. Around December 9, 2005, the Defendant: (a) received KRW 4,100,000 from the obligor F to the account for interesting bank account in the name of the Defendant’s wife G in Goyang-gu; and (b) embezzled for the victim by using his personal debt repayment and living expenses at his own discretion at the time of his occupational custody; (c) from September 1, 2005 to July 21, 2006, the Defendant embezzled 90,410,000 won from the obligor by using the same method 27 times as shown in the list of crimes in the attached Table (1).

2. Around February 20, 2006, the fraud Defendant called “H applied for a loan as security of I vehicle” to H by phoneing the victim at the above D Lending Business Office, and saying “The amount of loans KRW 4,220,000 after deducting the fee, etc., shall be remitted to H.”

However, in fact, the Defendant did not receive a vehicle as security or a loan application from H, and the account that the Defendant informed the victim was temporarily received from the gambling place to raise the Defendant’s gambling fund.

The Defendant, by deceiving the victim as above, received KRW 4,220,00 from the victim on the same day, and obtained a total of KRW 190,495,00 from around January 9, 2006 to July 14, 2006, by taking account of the customer’s loans from the victim, and received a remittance from the victim as shown in the list of crimes (2).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement to C by the police;

1. A complaint;

1. Application of the details of transactions, embezzlement, and details of fraudulent loans to the statutes;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.